44LDirection on prosecution witness's motive to lie

44L Direction on prosecution witness's motive to lie

(1) If the issue of whether a witness for the prosecution has a motive to lie is raised during a trial, defence counsel may request under section 12 that the trial judge direct the jury on that issue.

(2) In giving a direction referred to in subsection (1), the trial judge must explain—

(a) the prosecution's obligation to prove that the accused is guilty; and

(b) that the accused does not have to prove that the witness had a motive to lie.

Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so.

S. 44M inserted by No. 37/2017 s. 5.